logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.05.28 2020고단108
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B following flusing.

On October 23, 2019, the Defendant driven the above car at around 18:20, and led D's front road in Suwon-si C at the right line of Suwon-si to the right line of the E elementary school.

Since there is a crosswalk on which a signal, etc. is installed, in such a case, there was a duty of care to check whether a person engaged in driving a motor vehicle is a pedestrian by checking well the right and the right and the right of the motor vehicle and to safely drive the motor vehicle in accordance with the signals of signal apparatus.

Nevertheless, the Defendant neglected to do so and did not confirm pedestrians properly, and did so on the left side of the defendant's driving direction, left side of the victim F (10 years of age) who crossed the crosswalk in accordance with the pedestrian signals, caused the victim to go beyond the victim.

Ultimately, even though the Defendant suffered from a scarcity for two weeks from the above occupational negligence, he immediately stopped the victim and escaped without taking necessary measures, such as aiding the victim.

Summary of Evidence

1. Each police statement made to F, G, and H;

1. The actual condition survey report;

1. Embrypt photographs of an accident video;

1. Photographs of the skin vehicle;

1. Each written diagnosis;

1. As a result of the reproduction of an accident CD, the Defendant and his defense counsel asserted that there was no criminal intent of escape, since the Defendant and his defense counsel merely perceived that they had faced with the same objects as the factory at the time of the accident in this case and did not fully recognize that they had shocked the victim.

"When the driver runs away without taking measures under the provisions of Article 54 (1) of the Road Traffic Act, such as aiding the victim" under the provisions of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes refers to the case where the driver of the accident knows that the victim was killed due to the accident."

arrow